The purpose of this session will be to highlight some developments that are critical to the mining industry, while also highlighting Fasken’s involvement at the cutting edge of these issues:
a. Cross Border claims of Indigenous rights: Bridget Gilbride will highlight the on the ground effects of the Desautel decision from the SCC, including the status of court challenges addressing consultation with US Indigenous groups and policy positions taken by Government.
b. Industry Liability for Harm to Aboriginal Rights: Bridget Gilbride will discuss the Thomas v Rio Tinto case decided by the BC Court of Appeal, and its implications for companies including the potential liability of industry for harm to Aboriginal rights and available defences.
c. Mineral Tenure Act challenges. Kevin O'Callaghan and Pierre-Christian Labeau will discuss challenges to the mineral tenure regimes in BC and Quebec by First Nations. The BC Appeal will have been heard in January 2025, and the decision on the Quebec application was released this past October.
d. UNDRIP/FPIC – Kevin O'Callaghan and David Lametti will talk about the trends in judicial and legislative adoption of UNDRIP and its practical effects on getting mining approved – from exploration through to development.
Speakers
- Kevin O'Callaghan, Partner | Leader, Indigenous Legal Matters, Fasken
- Bridget Gilbride, Partner, Fasken
- Pierre-Christian Labeau, Associate Counsel, Fasken
- Hon. David Lametti, KC, PC, Counsel, Fasken
Agenda
- 14:00 - 15:30 ET Webinar and Q&A
Cost
This webinar is complimentary
Type
This event is only available via webinar
This program contains 1.5 hours of accredited content for the purposes of the Law Society of British Columbia’s annual Continuing Professional Development (CPD) requirements. The session has been loaded with the LSBC and is titled “PDAC - Developments in Indigenous Caselaw - February 27, 2025 ”. It is available for claiming through your LSBC Member Portal.
A confirmation of participation will be sent to you for your continuing education hours with the Barreau du Québec.
For CPD/CLE in other jurisdictions, please contact your local Law Society.
Event contact
Andrea Tulloch Marketing Events Manager +1 416 868 3329atulloch@fasken.com
